Disputes & Conflict Resolution
When parents and schools disagree about a student's education, federal and California law provide several options for resolving disputes — from informal resolution to formal legal proceedings.
Key Rights
- ✓Right to request mediation at any time — free and voluntary
- ✓Right to file a state complaint with the California Department of Education
- ✓Right to request a due process hearing
- ✓Right to remain in the current placement during proceedings (stay-put)
- ✓Right to attorney's fees if you prevail in due process
School Responsibilities
- Participate in good faith in mediation
- Respond to state complaints within required timelines
- Provide the student's current placement during proceedings (stay-put)
- Comply with all hearing officer decisions
- Provide parents with information about dispute resolution options
Federal Law
IDEA, 20 U.S.C. § 1415. Parents may file a state complaint, request mediation, or request a due process hearing. The two-year statute of limitations applies to due process complaints. Attorney's fees may be awarded to prevailing parents.
California Law
CA SpecificCalifornia Education Code §§ 56500–56509. California's Office of Administrative Hearings (OAH) handles due process hearings. State complaints are filed with the California Department of Education. California also has a facilitated IEP process.
What Parents Can Do
- 1Send a written complaint to the school documenting your concerns
- 2Request mediation through the California Department of Education
- 3File a state complaint with the CDE Special Education Division
- 4Request a due process hearing through the OAH
- 5Consult with an education law attorney before filing
- 6Keep detailed records of all communications with the school
Educational Information Only
This information is for educational purposes only and does not constitute legal advice. Laws and regulations may change. For advice about your specific situation, consult a qualified education law attorney.